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Administrative Review Tribunal Bills 2023

The Law Council of Australia welcomes the opportunity to assist the House of Representatives Standing Committee on Social Policy and Legal Affairs in its inquiry into the Administrative Review Tribunal Bill 2023 (Cth) (ART Bill) and the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2023 (Cth) (Consequential Bill)—together, the Bills.

Australia’s administrative review system provides a critical layer of accountability that protects individuals against the unfair and arbitrary use of public power, ensures public confidence in government, and enables informed and accessible participation in legal processes. For this reason, the Law Council supports the establishment of the Administrative Review Tribunal in the place of the Administrative Appeals Tribunal (AAT) and welcomes the requirement that the Tribunal must pursue an objective of providing an independent mechanism of review that:1

The Law Council welcomes the key features of the Bills that are directed towards achieving the above objectives of the Tribunal, particularly:

However, this submission seeks to draw the Committee’s attention to a variety of matters where the Bills would benefit from refinement and further justification.

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